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Once again records access issues will be a significant topic at a major genealogical conference.

RPAC Committee, State Liaisons, State Genealogy Society Presidents, and others interested in current threats to vital records, are encouraged to join us for the RPAC Presentation at FGS, Wednesday, 21 August 2013, at 9:30 a.m. Eastern Daylight Time. For those attending the FGS Conference next week in Ft. Wayne, Indiana, Session W106 is titled “Strategies for Protecting Access to State Vital Records.” Slides for this presentation [RPACatFGS2013] are found on the Publications Page of this blog: http://www.fgs.org/rpac/publications/ . A recording of this session can be ordered from www.fleetwoodonsite.com/fgs as Item #21585. Note– The presenters for this session have chosen to donate any royalties from this recording to the FGS Preserve the Pensions Project to digitize the War of 1812 pension files.

Hear representatives of the Records Preservation and Access Committee discuss:

What is RPAC, who participates, and how does RPAC respond to threats against access to vital records?

How the draft 2011 Model Vital Statistics Act may extend the time vital records are closed to the public

Actions being considered by the European Union which would limit access to vital records in EU countries

A review of several bills pending in the US Congress which will limit or close access to the Social Security Death Index

Learn how you can help protect access to vital records by visiting and writing your state and federal representatives.

And on Friday the 23rd of August, The Legal Genealogist, Judy Russell will offer her insights on the topic of

Roadblocks, Red Lights and Detours: Records Access Issues

Session F-328, Friday 2:00-3:00 PM

In her words:

” This was supposed to be the Age of the Information Superhighway. Physical access to courthouses and archives, coupled with massive digitization projects and easy availability of Internet access, should have made this a genealogist’s dream: a time when everybody had access to just about any kind of information residing anywhere. It hasn’t worked out quite that way. Even as so many records are becoming so much more accessible as they come online, doors are being slammed shut on so many more — often records that aren’t and won’t be online, now and perhaps ever.”

The Government Operations Subcommittee of the House Committee on Oversight and Government Reform will hold a hearing in Room 2247 RHOB at 9:00am EDT, Friday the 2nd of August 2013 entitled: “Examining the Skyrocketing Problem of Identity Theft Related Tax Fraud at the IRS.”

I was unable to call up the streaming video at the announced time but am advised that the hearing is in recess and will be seen upon the completion of a floor vote.. The press release and witness statements have been posted as anticipated.

As the legislative year draws to a close in most states, it is a good time to assess its impact on genealogists. RPAC, member organizations, and concerned genealogists wrote letters to appropriate legislators, committee chairs, and governors. We are pleased to report that—when the genealogical community became aware of an issue and responded—we had a favorable impact on legislation. Record closures were averted or remained unchanged in several states.

As we reported in March, a Working Group consisting of state and local vital statistics executives and one lawyer, drafted the 2011 Revision of the Model Vital Statistics Act which extends the closure periods for access to vital records to 125 years after the date of a live birth, 75 years after the date of death, or 100 years after the date of marriage or divorce. You can read the proposed 2011 Model Act at http://www.naphsis.org/about/Documents/FinalMODELLAWSeptember72011.pdf

The Department of Health and Human Services (HHS) put the 2011 Revision “on hold” in April 2012. Impatient for its DHHS approval, the National Association for Public Health Statistics and Information Systems (NAPHSIS) endorsed the Model act in 2011. Frustrated by the delay in approval at the federal level, several state vital records officials introduced the 2011 Model Act in their state legislatures.

Oklahoma was the first state to approve the revised Model Act, which remained unnoticed until early 2013 when the new procedures for accessing vital records were implemented.

Washington: RPAC first heard about the 2011 Model Act being introduced at an administrative committee in Washington State early in 2013. Genealogists immediately became involved and the issue never made it out of the committee.

Texas: The 2011 Model Act was introduced in the Texas state legislature. The Texas genealogical community testified against the bill and it again died in committee, in part because the vital records officers were unable to present any compelling reasons to extend the closure dates for accessing vital records.

Oregon: The 2011 Model Vital Statistics Act was introduced in Oregon. Although other provisions of the bill passed, there was no change to the existing vital records closure periods. In the hearings Mitch Greenlick, chair of the House Health Care Committee, commented about the volume of responses against the Act from genealogists.

After the tragic events in Newtown, Connecticut, the Town Clerk initiated legislation to close access to death records that have been public and open records since the earliest settlement of the state. Again after testimony by several genealogical organizations and letters from many organizations, including RPAC and the press, the legislation died on the floor. Another bill which passed at the last minute and mostly impacts the press, authorizes police to withhold crime scene photographs and 911 audio recordings where the individual speaking describes the condition of a homicide victim.

California also had a last-minute trailer bill tacked on to the budget, which would have made the delivery of documents by county and town officials optional. We were not quite sure if this bill included documents for which the requestor paid a fee such as copies of vital records and deeds, or whether it applied to requests for copies of administrative meeting minutes. The press and genealogy organizations, including RPAC, wrote letters objecting to the legislation. As a result the Governor vetoed the bill and a replacement bill was passed and signed without this objectionable provision.

In addition to the above, RPAC also wrote the Governor of Georgia and several of the Georgia Senate and House committee chairs, objecting to the severe cuts to the Georgia Archives budget. As a result of several months of activities by the Georgia Genealogical Society, supported by RPAC, partial funding was restored and the Archives were transferred from the Secretary of State to the Georgia University System.

Action Steps: We expect the 2011 Model Vital Statistics Act to be introduced in many more states in the next legislative sessions. We also need to be alert to the possibility that some of the provisions may be introduced as state regulations. We encourage the president of each State Genealogical Society and the APG Chapter President to visit with the chairman of the House and/or Senate Health Services Committee in your state before any legislation is introduced. Educate them on the importance of family history and especially family health history that requires timely access to death records. Genealogists recognize there are many beneficial reasons to update the Model Act, but the provisions extending the closure periods for access to vital records are not necessary and will have a detrimental effect. To date the Model Act proponents have been unable to present any compelling reasons to extend the closure periods limiting access to vital records.

RPAC would appreciate hearing about the results of any legislative visits at access@fgs.org. Also let RPAC know any way we can help support your efforts.

This has been a tumultuous week since we first became aware that the California Legislature intended to consider a proposal that would have made compliance with a California Public Records Act request voluntary, potentially undermining public access to public records..

This action was originally suggested as part of the governor’s budget proposal as a vehicle for cutting “tens of millions” of dollars annually from the state budget. The legal framework applicable in California would require that if a state statute imposes a mandate upon county and local agencies, the state must reimburse for the cost of compliance. The intended effect of making compliance voluntary, would have been to shift costs from the state budget books entirely to the subordinate jurisdictions.

With thanks to Elizabeth Olsen, RPAC State Liaison for Georgia for sharing a blog posting from GeorgiaArchivesMatters, a blog by volunteer advocates for the Georgia Archives, mostly from the Georgia Genealogical Society:

At today’s Lunch and Learn program, Georgia Archives Director Christopher Davidson announced that the Archives will be adding staff, increasing hours for part-time employees and, yes, opening to the public for two additional days per week.

Here are the highlights:

Hiring three additional professionals

Increasing part-time staff hours

Opening to the public on Wednesdays and Thursdays beginning July 31. Weekly hours will be Wednesdays-Saturdays, 8:30 a.m.-5 p.m.

Increasing conservation and processing activities of the Archives collections

The Archives will report to Steve Wrigley, Executive Vice Chancellor Administration, of the University System of Georgia.

Thanks to all the wonderful volunteers who helped make this happen, as well as Gov. Nathan Deal and the members of the Georgia legislature.

Genealogists join with funeral directors, State Archivists, Circuit Courts and Council of local Health Officials to change legislative proposal that would have extended confidentiality periods of vital records. Chairman questions need for confidentiality of vital records.

I don’t know how many of you listened in to the hearing or accessed the audio only archives—but we won! The hearing was only on the amended version I sent out earlier today —4 and is attached again which keeps the birth records at 100 years, and death, marriage, divorce, annulment and partnership at 50 years. See Section SECTION 33. ORS 432.121 (7a) (page 73) It also removes the restriction on cause of death that is in the existing statute. See Section SECTION 33. ORS 432.121 (3) [page 69] in the italicized ( redacted) portion and nothing comparable in the new language (bold) page 70-71.

The person presenting the bill was Jennifer Woodward, state registrar for public records and she mentioned that the amended version was a gut and stuff- but 80% of the bill was current statutory language. She emphasized while the amendments accommodated the funeral directors, state archivist, council of cites and genealogists and emphasized genealogists. There were two genealogists that testified—they had originally opposed the bill but dropped their opposition to the bill with the amended version. The Chairman said he doesn’t understand the privacy concerns and for another day would like to get down to 0-1 year wait period! The bill goes straight to the House floor- could be as early as this Friday or next Monday and then to the Senate Health Committee. I spoke with the staff following the hearing and a letter of support to the amended version to the Senate Health Care and Human Services Committee would be worthwhile. Contact information is available at: https://olis.leg.state.or.us/liz/2013R1/Committees/SHH/Overview

Oregon HB 2093A (as amended and passed in the House as we supported it) was heard in the Oregon Senate Health Care and Human Services Committee on May 9. Looking at the legislative website it passed 4-0 ( one committee member was excused). It is now waiting to be sent to the floor of the Senate for vote and with no unexpected occurrences it should pass and go to the governor for signature. The bill as it was passed –no changes from the House is located at: https://olis.leg.state.or.us/liz/2013R1/Measures/Text/HB2093/A-Engrossed the issue we are interested in is on page 42.

Records preservation and access issues will be addressed in at least three sessions at the National Genealogical Society’s annual conference in Las Vegas this week.

The APG Luncheon on Wednesday, the 8th of May, will feature Harold Henderson, CG addressing the topic “It’s not just SSDI: How We Can Advocate for Geanealogy While Still Practicing It” in Ballroom C.

On Wednesday, the 8th of May, Melinde Lutz Burne will suggest that active advocacy is our only recourse in a world where public records document private lives. Her lecture entitled “Advocacy for Record Access” will be held in Ballroom F beginning at 2:30pm Pacific Daylight time.

Later in the afternoon, beginning at 4:00pm Pacific Daylight Time in Pavilion 6, three members of the Records Preservation and Access Committee will lead a discussion entitled “RPAC Strategies in a Changing Environment: Fraud Protection v. Access”. Access to genealogical information is under attack. Featuring Janet A. Alpert (new Chair of RPAC), Jan Meisels Allen (representative from the International Association of Jewish Genealogical Societies), and Frederick E. Moss (legal advisor to FGS) we will survey recent challenges and suggest ways in which individual genealogist can become involved and make a difference.

If you are in Las Vegas, please join us. RPAC members and RPAC State Liaisons have been given instructions which can enable them to participate remotely. Contact access@fgs.org if you have any questions.

The information provided by the witnesses in this hearing give multiple reasons to be encouraged by the actions being taken to combat refund fraud and help victims of identity theft. Their written statements are available at: http://www.finance.senate.gov/hearings/hearing/?id=62739085-5056-a032-5281-4500bf4d4fb3 The testimony of Steven T. Miller, Acting Commissioner of the Internal Revenue Service described a number of significant steps they have taken.

Of the multiple congressional hearings addressing the threat of tax fraud by identity theft, this is the first to suggest that real progress is being made. By targeting the criminal through the use of appropriate filters, investigation and aggressive enforcement, the efforts of identity thieves are being thwarted. Hopefully, by publicizing the results of successful prosecutions and the award of substantial penalties to the offenders, others may be deterred.

To the extent that the SSDI on genealogical websites was ever the source of compromised SSNs then used to file fraudulent tax refund claims, the responsible actions taken by those websites should have denied access to that information. In fact, while it is only informed speculation on my part that we should have seen few, if any, fraudulent returns attributable to SSNs accessed from the SSDI during the filing season just ended, the IRS should eventually be able to statistically confirm that that vulnerability targeting the deceased has been closed.

In the March 20, 2012 hearing on this topic before a subcommittee of the Senate Finance Committee, RPAC and its sponsoring organizations indicated that while most genealogist could accommodate a three year delay before accessing the SSNs of recently deceased persons, there were several categories of genealogical research for which a three year delay would be problematic. This topic is explored in the Statement for the Record submitted by IAJGS found at: IAJGS Statement to Senate Finance Committee April 16 2013 Hearing Final

A careful review of the steps reportedly taken by the IRS, especially when coupled with the step taken by responsible genealogical entities historically hosting the SSDI on their sites, suggests that tax fraud by this particular form of identity theft may no longer be the risk it was in 2011. The need for statutory restrictions on access to the SSDI may have passed.

The most significant vulnerability in the IRS on-line tax refund process has finally been identified. We should continue to be concerned that the SSNs of living persons will continue to be vulnerable so long as the IRS is mandated to expedite the payment of refund claims before they have even received information returns necessary to determine their validity.

This message is one we must share with our friends and elected representatives.

While the press release by Senator Nelson did not include mention of the DMF/SSDI- although his opening hearing comments did, the actual bill language is now published and it is much more extensive than what was included in the press release.

On April 9 Senator Bill Nelson (D-FL) introduced SB 676 along with Senators Feinstein (D-CA) and Schumer (D-NY). The bill restricts access to the Death Master File–of which the Social Security Death Index is the commercial version. Title III of the bill restricts access for the year of death or two succeeding calendar years unless the person is certified under the program by the Secretary of Commerce. Persons who may be certified include legitimate interest in preventing fraud or unauthorized financial transactions, applicable law, regulation, court order, or fiduciary duty, facilitate administration of an insurance policy and credit reporting. There are no provisions for genealogists to be certified. The bill also permits the Social Security Administration not to be compelled to provide information on Social Security information to those who are not certified. The bill also calls for cessation of Social Security numbers on Medicare cards and Medicare correspondence and contains provisions on penalties for those who fraudulently use another’s identity expedited refunds for fraud and abuse victims and more.

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Mission Statement

To advise the genealogical community on ensuring proper access to historical records of genealogical value in whatever media they are recorded, on means to affect legislation, and on supporting strong records preservation policies and practices.